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HomeMy WebLinkAboutCC Minutes 2001-07-02SRCC Minutes (Regular 07/02/2001 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, JULY 2, 2001 AT 8:00 P.M. Regular Meeting: Present: Albert J. Boro, Mayor San Rafael City Council Cyr N. Miller, Vice -Mayor Paul M. Cohen, Councilmember Barbara Heller, Councilmember Gary 0. Phillips, Councilmember Absent: None Also Present: Rod Gould, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION — COUNCIL CHAMBER — 7:00 PM: Mayor Boro announced Closed Session items. CLOSED SESSION — CONFERENCE ROOM 201 — 7:00 PM: a) Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) Case Name: Howard Gold v. City of San Rafael WCAB No.: SFO 432500 b) Conference with Legal Counsel — Anticipated Litigation Government Code Section 54956.9(a) One (1) Case c) Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) Case Name: MHC Financing, et al. v. City of San Rafael U.S. District Court, Northern Dist. of CA, Case No. C003785VRW d) Public Employee Performance Evaluation (Government Code Section 54957) Title: City Manager City Attorney Ragghianti announced that no reportable action was taken on items 1a), 1 b), 1 c), or 1 d). ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:28 PM a) Re: San Rafael Hill Cross:- File 103 Wayne Williams distributed and read in part the following letter addressed to the San Rafael City Council: "I am a U.S. citizen and a resident of San Rafael. I am also a member and volunteer of a national organization known as Americans United for Separation of Church and State. Based in Washington, D.C., Americans United, with more than 70,000 members stands as one of the most respected and trusted organizations working to preserve this Nation's heritage of freedom. Since 1947, Americans United has worked to protect the constitutional principle of church -state separation, a vital cornerstone of religious liberty. Americans United has been regularly involved in a large number of court cases, setting legal precedents in behalf of church -state separation. Americans United initiates lawsuits, provides legal counsel and support in other cases, and serves as partners in joint lawsuits. I have personally contacted the local branch representatives of Americans United with regard to the specific issue of the San Rafael Hill Cross. I have advised my fellow AU members that based on reported statements in the press from Mayor Al Boro, City Manager Rod Gould, and City Attorney Gus Guinan, it was my impression that these gentlemen fully understood the legal ramifications of the issue, and were unlikely to take any actions that would support the return of the cross to San Rafael Hill. The Duraose of this letter is to reinforce those iustifiable fears of leaal action. and the high probability of success of such action. In response to persistent efforts by the Committee for the Restoration of the San Rafael Hill Cross before this council to reconsider this issue, I would like to assure the San Rafael City Council that Americans United would strongly consider using any of the SRCC Minutes (Regular) 07/02/2001 Page 1 SRCC Minutes (Regular 07/02/2001 Page 2 previously stated legal resources, if this issue somehow does become an active agenda item of the City. In closing, (a personal view) there have been references in the previously mentioned news articles imploring the return of the Cross in order to preserve our local culture, and to remind us of the history of San Rafael. History teaches, however, that the Mission system in California was originally established by the Roman Catholic Church and the Spanish Empire for mutually beneficial purposes; namely, the usurpation of territory in the name of the King of Spain, and the non- negotiable imposition of Catholic Christianity upon the natives. The very European Monarchs and Popes who originated and developed the Mission System were responsible for deprivations of religious liberty over centuries in both Europe and the Americas that led directly to the inclusion of church -state separation in our First Amendment. Therefore, I suggest that by pursuing the present course of action, we are preserving and respecting the history and culture of the City of San Rafael as a member of the United States of America." CONSENT CALENDAR: Councilmember Phillips moved and Councilmember Cohen seconded, to approve the Consent Calendar, as follows: 2 11 M ITEM RECOMMENDED ACTION Approval of Minutes of Special and Regular Minutes approved as submitted. Meetings of Monday, June 18, 2001 (CC) Summary of Legislation Affecting San Rafael (CM) — Accepted staff report. File 116 x9-1 Monthly Investment Report for Month Ending May, 2001 (MS) — File 8-18 x 8-9 Resolution Authorizing Execution of Agreement with DMG-Maximus for Mandated Cost Reimbursement (MS) — File 4-10-270 SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1767 — An Ordinance of the City of San Rafael Amending the Zoning Map of the City of San Rafael, California, Adopted by Reference by Section 14.01.020 of the Municipal Code of San Rafael, California, so as to Reclassify Certain Real Property from Planned Development (PD) District to Planned Development (PD) District (PD Ordinance No. 1767) to Allow for an 8 Studio Apartment Unit Addition to an Existing 98 -Unit Multi -Family Residential Development Located at 10-95 North Avenue (McInnis Park Apartments 1) (APN 155-251- 54) (CD) — File 10-3 x 10-7 7. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1768 — An Ordinance of the City of San Rafael Amending the Zoning Map of the City of San Rafael, California, Adopted by Reference by Section 14.01.020 of the Municipal Code of San Rafael, California, so as to Reclassify Certain Real Property from Planned Development (PD) District to Planned Development (PD) District (PD Ordinance No. 1768) to Allow a 42 -Unit Multi -Family Residential Development Located at the End of North Avenue (McInnis Park Apartments 11) (APNs 155-370-07 & 155-370-08) (CD) — File 10-3 x 10-7 x 5-6-8 x 10-6 x 115 (PPP) Accepted Monthly Investment Report for Month Ending May, 2001, as presented. RESOLUTION NO. 10869 — RESOLUTION AUTHORIZING THE EXECUTION OF A RENEWAL OF AN AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND DMG — MAXIMUS FOR PROCESSING CLAIMS FOR MANDATED COST REIMBURSEMENT (JULY 1, 2001 THROUGH JUNE 30, 2003) Approved final adoption of Ordinance No. 1767. Approved final adoption of Ordinance No. 1768. SRCC Minutes (Regular) 07/02/2001 Page 2 CONSENT CALENDAR (Cont.): SRCC Minutes (Regular 07/02/2001 Page 3 RECOMMENDED ACTION: 8. Resolution Approving Final Map of Subdivision RESOLUTION NO. 10870— Entitled "Map of Academy Heights" (PW) — RESOLUTION APPROVING FINAL MAP File 5-1-340 ENTITLED "MAP OF ACADEMY HEIGHTS" 9. Resolution Authorizing the City to Enter into a Joint RESOLUTION NO. 10871 — Agreement with the County of Marin for Paving RESOLUTION AUTHORIZING THE CITY Margarita Drive and Authorizing the City Manager to TO ENTER INTO A JOINT AGREEMENT Execute the Agreement (PW) — File 4-13-108 WITH THE COUNTY OF MARIN FOR PAVING MARGARITA DRIVE AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT 10. Baypoint Lagoons Landscaping and Lighting District: a) RESOLUTION NO. 10872 — (PW) — File 6-48 RESOLUTION DIRECTING FILING OF a) Resolution Directing Filing of Engineer's Annual ENGINEER'S REPORT, BAYPOINT Report; LAGOONS LANDSCAPING AND b) Engineer's Annual Report 2001-2002: This is to LIGHTING DISTRICT (Pursuant to the be filed; Landscaping and Lighting Act of c) Resolution Approving Engineer's Annual Report; 1972) d) Resolution of Intention to Order Improvements (and Setting Public Hearing for Meeting of b) Engineer's Annual Report for 8/6/2001) 2001-2002 - FILED 11. AYES: NOES: ABSENT Resolution Authorizing Replacement of One Existing Street Sweeper (PW) — File 4-2-311 c) RESOLUTION NO. 10873 — RESOLUTION APPROVING ENGINEER'S ANNUAL REPORT, BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT (Pursuant to the Landscaping and Lighting Act of 1972) d) RESOLUTION NO. 10874 — RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS, BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT (Pursuant to the Landscaping and Lighting Act of 1972) (and setting a public hearing for Monday, August 6, 2001 at 8:00 p.m. in the Council Chamber.) RESOLUTION NO. 10875 — RESOLUTION AUTHORIZING REPLACEMENT OF ONE STREET SWEEPER IN THE AMOUNT OF $127,088, FROM GCS WESTERN POWER AND EQUIPMENT COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro COUNCILMEMBERS: None COUNCILMEMBERS: None The following item was removed from the Consent Calendar for discussion: 11a. RESOLUTION SUPPORTING THE APPLICATION OF A GRANT FROM MARIN COMMUNITY FOUNDATION TO THE CITY OF SAN RAFAEL FOR A COUNTYWIDE SAFE ROUTES TO SCHOOL PROGRAM (PW) — FILE 194 Mayor Boro stated he had no problem with the concept but inquired if the intention was to leverage these dollars against available federal funds. Responding, Andrew Preston, Deputy Public Works Director stated that there were no matching funds required. Mayor Boro stated he understood that matching funds were not required; however, he wondered if funds, other than City money could be SRCC Minutes (Regular) 07/02/2001 Page 3 SRCC Minutes (Regular 07/02/2001 Page 4 procured. Mr. Preston explained that it was an amount of $150,000 from the Marin Community Foundation to be given to the County of Marin for an educational program for Safe Routes to Schools. Mayor Boro stated the Resolution indicates that the application was approved in the amount of $310,000 for state funds. Mr. Preston stated this was a completely different funding source assigned to the County of Marin, with the City of San Rafael being the lead agency, and no matching funds. Mr. Preston confirmed for Mayor Boro that we were receiving an additional $150,000 over the $310,000. City Manager Gould explained that it is a countywide effort with a total budget of $460,000, of which $150,000 will come from the Marin Community Foundation over two years, at $75,000 per year. A public agency was needed to act as the fiscal agent and the coordinating agency and San Rafael volunteered to do that for the rest of the County, for countywide Safe Routes to Schools. Mayor Boro noted there had been a lot of endeavor by the bicycle community to secure federal funds in Mill Valley and Fairfax, and inquired how that effort related. City Manager Gould stated he was not familiar with the federal funding available for the Safe Routes to School. This was a very narrowly drawn program of education of parents and children to deal with safe routes to schools. Mr. Gould confirmed this does not involve building bicycle paths; rather, it is strictly the education of parents and children. Mayor Boro concluded that this was a separate issue, strictly for education, with San Rafael acting in the capacity of funding agency for other cities. Councilmember Cohen moved and Councilmember Heller seconded, to adopt the Resolution. RESOLUTION NO. 10876 — RESOLUTION SUPPORTING THE APPLICATION OF A GRANT FROM MARIN COMMUNITY FOUNDATION TO THE CITY OF SAN RAFAEL FOR A COUNTYWIDE SAFE ROUTES TO SCHOOL PROGRAM, $75,000 FOR EACH OF TWO YEARS FOR A TOTAL AMOUNT OF $150,000 AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None PUBLIC HEARINGS: 12. PUBLIC HEARING: (CD) — FILE 10-6 x 240 x 13-16 x 9-10-2 a) CONSIDERATION OF ORDINANCE ENACTING NEW CHAPTER 12.42 OF THE SAN RAFAEL MUNICIPAL CODE TO PROVIDE FOR A PERIODIC HOUSING INSPECTION PROGRAM FOR APARTMENTS AND HOTELS, AND TO SPECIFY CARETAKER RESIDENCY AND POSTING REQUIREMENTS FOR APARTMENTS; AND b) CONSIDERATION OF RESOLUTION AMENDING THE MASTER FEE SCHEDULE TO ESTABLISH ANNUAL HOUSING INSPECTION PROGRAM FEES FOR APARTMENTS AND HOTELS Community Development Director Robert Brown stated that during the recent Rising Rents meetings, one item of consensus was support for the City assuming all apartment inspections from the Marin County Environmental Health Services. In discussions with the County subsequent to these meetings, it was ascertained they are amenable to transferring this responsibility, along with the inspections for hotel and motel rooms. In fact, Mr. Brown reported, County staff had acknowledged that in many ways, San Rafael's Code Enforcement program is more effective than theirs and they feel confident in transferring these responsibilities. Mr. Brown stated that the proposals this evening would establish an apartment and hotel inspection Ordinance and the Fee Schedule for such inspections. He reported that under the Ordinance provisions, the City would inspect for compliance with the Uniform Housing Code and the other Uniform Building Codes, as has been done for the Canal apartments since 1992. Mr. Brown noted that as part of the budget request, it was proposed adding two new Code Enforcement Officers for this program, which would also utilize a portion of the new Fire Inspector position. He stated the Ordinance also includes a requirement, similar to that of state law, necessitating an on-site manager for apartment complexes of 16 units or more. The requirement has been broadened in the City's Ordinance, to allow either an on-site manager or an on-site rental office, to be staffed during daytime hours, with posted emergency telephone numbers for evenings and weekends. Mr. Brown stated Lynda Ferris, Code Enforcement Manager, would address the need for on-site management. SRCC Minutes (Regular) 07/02/2001 Page 4 SRCC Minutes (Regular 07/02/2001 Page 5 Regarding the Fee Resolution, Mr. Brown stated this proposes an increase in fees, over what the County has been charging, of approximately 30%. This is due to the higher level of service as San Rafael's inspections entail not only Code Enforcement, but also Fire Inspectors, Building Inspectors and the Police Department. Mr. Brown noted that the County had planned on imposing a 10% fee increase this year; however, since San Rafael proposes to take over the program, this was not pursued. Community Development Director Brown, having received some telephone calls from persons misinterpreting the language in the staff report, clarified that the fee would be a base fee of $207 per property, which would satisfy the fees for up to ten (10) units. Should a property have more than ten, either apartment units or hotel/motel rooms, then an additional $4.30 would apply per unit. He noted that the report was construed by some to indicate that the $207 applied to each unit for the first ten units, which was inaccurate. Mr. Brown stated it was staff's intention to conduct the program by inspecting all apartments and hotel/motel rooms every five years; however, complaint based inspections would be continued. He stated that it is also proposed to inspect properties having a history of violations more frequently than on a five-year basis, endeavoring to at least stay on a minimum five-year rotating schedule. Code Enforcement Manager Lynda Ferris stated that as indicated in the staff report by Community Development Director Brown, caretaker on-site management is an important component of this inspection program. She reported that from her experience in Code Enforcement, not only will it assist in inspections, it will also assist Police and Fire personnel when dealing with medical or other emergencies where there is a need to contact a responsible person on site with keys, to gain access to the appropriate unit(s). Ms. Ferris reported that it has also been the experience of Code Enforcement that on arriving at an apartment complex having an on-site manager, it is easier to inspect the units. The manager accompanies the Code Enforcement Officer, who can point out the exact nature of the violations and what needs to be corrected. Also, if a problem arises whereby a tenant is not in a position to be home during the inspection, someone is available to permit entry, thereby alleviating the problem of returning to gain access. Ms. Ferris stated there have been situations where apartments had water damage to the ceiling which could possibly be evidence of a problem in the unit above; therefore, being accompanied by a manager would permit access, while on the site, for inspection of that particular unit also. She stated it is also very beneficial for tenants to have an on-site manager to whom they can go directly in the event of a problem, thereby addressing the issue before it grows. Ms. Ferris remarked that the presence of an on-site manager is always evident by the condition of the property. Councilmember Heller inquired if an on-site manager was required by the Ordinance or whether apartment complexes of a certain number of units required a manager. Community Development Director Brown stated that the proposal in the Ordinance calls for buildings of sixteen or more units to have either an on-site manager, which is required by state law, or an on-site rental office, staffed during daytime hours, with a posted emergency telephone number for nights and weekends. Mr. Brown stated that another component of this was the necessity to amend the agreement with the County in terms of the health services they provide. This amended agreement would be presented at the City Council meeting of either July 16, 2001, or August 6, 2001. Councilmember Miller stated he would like to reinforce the issue of the manager on site, especially on behalf of the tenants. He noted that when there is a qualified manager on site who takes an advocacy position on behalf of the tenants, those properties not only grow in value and livability, but the tenants begin to grow in terms of their own social contacts. Councilmember Miller instanced Ramon Lopez as an example of the type of manager on site who really brings a property up to code and advocates for the tenants, who in turn are happy. When there is no manager on site or she/he is inactive or engages in illegal activities on-site, it becomes an unmitigated disaster for the tenants and property owner. He believed a manager on-site was extremely important. Referring to page 2 of the draft ordinance, under "definitions", Councilmember Cohen stated "apartment" was defined as any building or buildings, located on one parcel of property containing three (3) or more dwelling units, and he inquired if this would include a triplex, or a property consisting of two single-family dwellings on one parcel, with an in-law unit legally added to one of the dwellings, making a total of 3, and if this would be subject to inspection. Assuming these were three rental units, Mr. Brown stated they would be inspected. Councilmember Cohen stated this was the heart of the question, and referenced the "Scope of Chapter" section, where it articulates that the Chapter will not apply to a dwelling unit occupied by the record owner. He inquired if this SRCC Minutes (Regular) 07/02/2001 Page 5 SRCC Minutes (Regular 07/02/2001 Page 6 meant that should the owner reside in one of the three units, none would be inspected, or whether the remaining two would be subject to inspection. Ms. Ferris confirmed that in a situation such as this, none would be inspected and explained that it is similar to the issuance of business licenses, in that unless there are three rental units on the property, they are not required to obtain a business license. Councilmember Cohen stated the language in the draft ordinance pertaining to this definition could be interpreted either way and requested that perhaps it could be clarified. Regarding the fee structure and noting the revenue gap, Mayor Boro inquired if the fee increase would close the gap, rendering the program 100% self -supported by fees. Community Development Director Brown responded in the affirmative and clarified that it is self -supported in terms of the additional new program costs. The current funds expended by the City for Larry Salvisberg's position (Assistant Code Enforcement Officer), Code Enforcement Manager Lynda Ferris's oversight and the Attorneys' time, is not recouped by this fee. Mr. Brown explained that having had a couple of years experience in the program, staff would return to determine if an increase in fees could be justified for full cost recovery for the entire program. He stated it does fully fund the increase in both annual and one-time fixed costs. Mr. Brown confirmed that these fees apply to all apartments and hotels/motels throughout the entire city. Mayor Boro declared the public hearing opened. Jack Crystal, businessman and resident of San Rafael stated he was not an apartment, hotel or motel owner in San Rafael; however, in his opinion, this was not an approach the City should take. Mr. Crystal stated it was his view that this was another layer of bureaucracy. The City was doing so well with the effective working of the Police and Fire Department inspections; however the County might need a little push. Mr. Crystal stated the need for affordable housing had been discussed and understood and to raise fees and set new regulations was not a good inducement or example. He noted that to require a small number of units to maintain an office could possibly oblige those not having this ability, to take an apartment out of producing income for this purpose. Mr. Crystal stated the ideal of the program is well founded; however, it should be given more strategic thought, in an effort to approach it from the premise that the County should, effectively, be carrying out these inspections, with the City's assistance, support and endeavors, to maintain the costs low and operations in good shape, without the addition of the increased costs. There being no further comment from the audience, Mayor Boro closed the public hearing. Councilmember Heller confirmed with Mr. Brown that the County of Marin would continue to carry out inspections in all other cities and that San Rafael was merely taking over its own inspections. Mr. Brown stated San Rafael would continue to use the Department of Environmental Health for certain inspections, such as vectors, insects, mould and mildew. Councilmember Heller noted that as apartments are already compensating the County for a yearly inspection fee, this would only entail a transfer of the fee from the County to the City of San Rafael. Mr. Brown confirmed that this would be the case; however, with a 30% increase, and as the County had envisioned a 10% increase, essentially, it becomes a net 20% increase. Mayor Boro, while appreciating Mr. Crystal's comments, stated the intention was to eliminate a layer of bureaucracy and become more efficient. A certain level of inspections is currently provided in the community and it was gleaned from the forums on Rising Rents that there are other sections of the community with apartments which have problems. Mayor Boro stated the County had been requested to address these problems; however, having carried out evaluations, it was believed it would be more cost efficient and beneficial to residents, for San Rafael to carry out these inspections. Councilmember Cohen stated it appeared that the success gained with code enforcement was due to both outstanding personnel, and cooperation within the City between Code Enforcement, and the Police and Fire Departments, the level of which he did not believe could be achieved other than by taking this responsibility over from the County. He believed the concept made good sense. Clarifying the definition of "apartment", Community Development Director Brown suggested that for clarification, the language should read "containing three or more rental dwelling units". SRCC Minutes (Regular) 07/02/2001 Page 6 SRCC Minutes (Regular 07/02/2001 Page 7 The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL ENACTING NEW CHAPTER 12.42 OF THE SAN RAFAEL MUNICIPAL CODE TO PROVIDE FOR A PERIODIC HOUSING INSPECTION PROGRAM FOR APARTMENTS AND HOTELS, AND TO SPECIFY CARETAKER RESIDENCY AND POSTING REQUIREMENTS FOR APARTMENTS" (as amended to add word — "rental" under definition of "apartment" second line, page 2, between words "more" and "dwelling units" — "more rental dwelling units" Councilmember Cohen moved and Councilmember Miller seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1769 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Cohen moved and Councilmember Phillips seconded, to adopt the Resolution. RESOLUTION NO. 10877— RESOLUTION AMENDING THE MASTER FEE SCHEDULE TO ESTABLISH ANNUAL HOUSING INSPECTION PROGRAM FEES FOR APARTMENTS AND HOTELS AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 13. Public Hearing Re: CONSIDERATION OF A REQUEST BY MARIN SANITARY SERVICE FOR A RATE INCREASE FOR REFUSE COLLECTION AND RECYCLING SERVICES AND ADOPTION OF RESOLUTION AMENDING AGREEMENT SETTING RATES (MS) — FILE 4-3-32 VI x 13-2 Assistant City Manager Nordhoff stated that since 1995, the City has had a history of working cooperatively with other local agencies, all of whom are served by Marin Sanitary Service, for refuse and recycling in their communities. In 1995, a joint rate setting methodology was established whereby a consultant and expert in the refuse field, is retained to essentially audit the company in three year intervals, and in the intervening two years, carry out an interim review. Mr. Nordhoff stated that for the year 2001, the firm of Hilton, Farnkopf & Hobson, LLC, carried out their three-year baseline audit work, including evaluating the company's records, costs, levels of service, and increase in their customer base. Further to the report and subsequent discussions, a rate increase of 4.4% is recommended at this time. This figure is arrived at by virtue of the fact that the rate setting process is carried out on an annual basis and is a cost led process, evaluating all the costs of service to operate the company projected to the end of this calendar year. He reported that because of the rate setting formula, the level of revenues necessary to achieve this are considered to guarantee the recovery of those costs; therefore, an increase of 4.4% is recommended. Assistant City Manager Nordhoff stated it would be noted from the staff report that the Hilton, Farnkopf & Hobson findings indicate a 2.2% increase; however, as it is presently halfway through this calendar year with respect to meeting the revenue objectives, 4.4% is recommended. These costs will be re-examined in subsequent years, to ensure continuance of this formula. While recognizing the company's high level of service and quality efforts in the community, Mr. Nordhoff acknowledged the rate payers need to be assured they are paying fair value for a high level of service. He added that there were company representatives present who may wish to address the Council. Councilmember Miller inquired as to why the Las Gallinas Sanitary District suddenly decided to go "solo". Responding, Mr. Nordhoff stated they had gone back and forth on this issue for a couple of years, and this year, some of their Board Members chose to work with a company to essentially pursue similar work, evaluating the costs of providing the service and determining rates; however, in a different manner to working cooperatively. They were, therefore, not included in the process and are not mentioned in the report. City Manager Gould stated that although this is a rate setting hearing, he believed a comment on SRCC Minutes (Regular) 07/02/2001 Page 7 SRCC Minutes (Regular 07/02/2001 Page 8 performance was appropriate. He remarked that he continues to be amazed, year in and year out, at the almost zero complaints the City receives from ratepayers concerning the services provided by Marin Sanitary Service, and, in fact, quite the opposite was the situation, in that compliments are frequently received from residents who are quite satisfied with the level of service provided. He stated that as an administrator, this was a great relief to him and noted this was not always the case in many cities in America. Mr. Gould stated that further, Marin Sanitary Service and Marin Resource Recovery had been leaders in recycling and reuse for many years, and continue to lead the County in these areas, to the point where the Countywide Joint Powers Authority, which reports to the state annually concerning recycling goals, is so far ahead of the state requirements, awards are given rather than threats, which is what most cities are receiving at this time. Mr. Gould stated it was a point of great civic pride that Marin continues to lead in recycling, which is due to this company's fine work. He noted that although this is a rate setting hearing, he believed the record should indicate that we receive excellent service and superior recycling from Marin Sanitary Service and Marin Resource Recovery. Councilmember Phillips concurred wholeheartedly with City Manager Gould's comments. He noted that an extensive study is carried out every three years, with two off years, where rates are established based on estimates of performance, costs, etc., during the off years, and inquired if the off years are ever evaluated to determine how close the estimates were to the actual. Mr. Nordhoff stated he was not aware of a comparison; however, as there is a yearly audit, a baseline is re- established; therefore, if the figures were slightly over or under, the baseline would be re -set, which is also a means of holding down some costs without having to engage in a full rate review each year. Councilmember Phillips confirmed that on a three-year basis any overage or underage is taken into account and Mr. Nordhoff stated that as this is a catch-up year, essentially the 4.4% takes into account any variances of the past two years, together with the projection for this year. With respect to dispensing with the necessity to carry out a mid -year review and subsequently, doubling the amount to catch up, Councilmember Cohen stated the staff report indicates removal of the review process at the beginning of 2002, to the first part of the year, and inquired if this was incorporated into the recommendation this evening. Responding, Mr. Nordhoff stated the Franchisors' group and the company discussed this aspect and the company wishes to discuss this further with the consultant to ascertain how this small change will involve their business practice. Staff will return at a later date with a separate action recommending this step, together with any associated cost for the review. Mayor Boro declared the public hearing opened Patty Garbarino, President, Marin Sanitary Service, stated she resides on Lower Palm Avenue and wished to thank the staff for their comments and the report, which she concurred with. She introduced Mr. Hadden Roth, legal representative, and stated she and her staff were available to answer any questions. Councilmember Cohen stated this was a good opportunity to initiate discussion on the issue of used computer equipment. He made reference to a recent San Francisco Chronicle article, and as he possesses three — four used computers which contain hazardous material, inquired if there was a program for recycling used computer equipment. Responding, Ms. Garbarino stated that she and Fire Chief Marcucci were working on a program with Brad Mark, Deputy Fire Marshal, to determine how to process used computers. She reported they would be collecting the monitors, which contain lead, in addition to microwave ovens, refrigerators, washers and dryers, which are being recycled due to the energy crisis. Ms. Garbarino stated that presently they are shrink-wrapping pallets of these items and have contracted with the firm disposing of the hazardous waste collected at the consolidation facility, to dispose of these. Ms. Garbarino stated she and Chief Marcucci were working on the program and City Manager Gould would assist with the budget, as this would increase the Household Hazardous Waste Disposal Budget substantially. She reported that she and her family had a visit from Jose Medina, a member of the Waste Board, whose wife sits on the Governor's Energy Council, and reported that the Governor's efforts to recycle appliances had begun. She noted that the Waste Board had been encouraging people to dispose of their computers; however, no regulations on how to accomplish this had been initiated. She stated they were confident that Phillips is now disposing of the computers in an environmentally safe fashion and believed, as it progresses, it would become less expensive, especially in light of increased volume. She anticipated having something in place to inform the community of what is being done with computer and television monitors, by the end of the Summer. SRCC Minutes (Regular) 07/02/2001 Page 8 SRCC Minutes (Regular 07/02/2001 Page 9 Being cognizant of the fact that the monitors are the more severe problem, Councilmember Cohen inquired if this would include the computers also. Fire Chief Marcucci stated that discussions took place during past weeks with a firm in Novato which accepts computers and monitors, dismantles them and either sells or donates them to countries in Europe and Asia. The exact details are not presently known but are being worked on to ensure costs are kept to a minimum. Ms. Garbarino stated she had not been aware of this development but was pleased to hear it. There being no further comment from the audience, Mayor Boro closed the public hearing. Should the Las Gallinas Valley Sanitary District return to the Franchisor group, Councilmember Heller inquired if this would reduce the pricing. Assistant City Manager Nordhoff stated their costs and revenues were specifically segregated from this process; therefore, he did not consider it would have any impact, pro or con, on the results. Councilmember Heller moved and Councilmember Cohen seconded, to adopt the Resolution. RESOLUTION NO. 10878 — RESOLUTION AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND MARIN SANITARY SERVICE TO SET MAXIMUM RATES AND FEES FOR REFUSE AND RECYCLABLE MATERIAL COLLECTION AND DISPOSAL SERVICES (33RD AMENDMENT TO AGREEMENT) AND TO PROVIDE ADDITIONAL REFUSE AND RECYCLING COLLECTION AND DISPOSAL SERVICES AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None OLD BUSINESS: 14. CONSIDERATION AND APPROVAL OF CITY MANAGER'S COMPENSATION - FILE 9-3-11 x 7-3 Mayor Boro reported that a sub -committee, consisting of Councilmember Cohen and himself, was appointed to work on the issue of the City Manager's compensation. The Council also reviewed the City Manager's performance, and the overwhelming consensus was that they are extremely pleased and proud of his performance this past year and in fact, the five years since he has been with the City of San Rafael. Mayor Boro stated that as a result, there is a recommendation to the Council with respect to compensation. He invited Councilmember Cohen to explain some of the thinking process, and subsequently the City Attorney would present a Resolution. Councilmember Cohen stated that based on the Council's evaluation of the City Manager's performance, and the general public satisfaction with the progress in the City of San Rafael, both excellent organizational development and generally excellent progress in the development of this community, the City Manager's compensation should reflect this. In discussing his compensation with him, City Manager Gould put forward a number of ideas in this area. Councilmember Cohen stated it appeared to him that overall total compensation should be considered and subsequently, categorized. The cost to the City taxpayers would be similar, regardless of how it was allocated, and should the City Manager have a preference for a particular allocation, this did not appear to him to be of great concern, as long as the total reflected the appropriate amount. Councilmember Cohen stated that over the last several years there had been a great improvement in labor relations, and one of the ways in which this was achieved was to recognize that the challenges confronting our City employees are perhaps greater than any other town or city in Marin. There was also the desire to be competitive with surrounding comparable cities, and therefore, a standard was set with the goal of making San Rafael employees the highest paid in Marin County, to within at least $1 above the average of a selection of ten cities considered comparable geographically and in size and complexity. Councilmember Cohen stated that having applied this standard to the City Manager's compensation, it fell considerably short of the mark; therefore, it was decided the appropriate step was to apply the same standard to the City Manager's compensation as had been successfully applied to every other employee of the City of San Rafael, which permitted getting within striking SRCC Minutes (Regular) 07/02/2001 Page 9 SRCC Minutes (Regular 07/02/2001 Page 10 distance of what the City Manager anticipated in terms of compensation. He felt it would be imprudent for the City not to pay a market rate for such an outstanding Manager, and it certainly would be paid if faced with the unpleasant prospect of having to replace someone of Mr. Gould's capabilities. Councilmember Cohen stated he had requested City Attorney Ragghianti to draft a Resolution and had worked with him to finalize it. City Attorney Ragghianti distributed the draft Resolution, noting a correction he had made to the figure in item 1a). Councilmember Cohen stated that having reviewed some information requested from Daryl Chandler, Personnel Director, a figure was arrived at based on total compensation for the comparison cities and other towns and cities in Marin. Councilmember Cohen moved and Councilmember Phillips seconded, to adopt the Resolution calling for adjustments to the compensation of Rod Gould, City Manager, effective July 1, 2001, reflecting an increase in total compensation from $13,598/month to $15,510/month. Based on Council's evaluation of the City Manager's performance, Councilmember Cohen stated this includes the 5% performance bonus currently anticipated under the existing employment agreement with Mr. Gould, which is the maximum amount. Councilmember Heller stated she was quite satisfied with the result and complimented Mayor Boro and Councilmember Cohen on their usual fine work. She believed it was one way to inform Mr. Gould how much his services are appreciated. RESOLUTION NO. 10879 — RESOLUTION APPROVING ADJUSTMENTS TO COMPENSATION OF ROD GOULD, CITY MANAGER, EFFECTIVE JULY 1, 2001 (An Increase in the Current Total Compensation of the City Manager from $13,598/Month to $15,510/Month) AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Cohen stated that in the course of these discussions it was noted that the existing employment agreement with the City Manager dates back to 1996, and in some areas required updating to reflect current practice in employment agreements with City Managers in California. He suggested the sub -committee be charged with reviewing this employment agreement, making use of the City Attorney's expertise, and returning at a subsequent Council Meeting with a modified and updated employment agreement. Mayor Boro stated that if there was no objection, he and Councilmember Cohen would proceed and have this item on the Council agenda in the near future. 15. CITY MANAGER'S REPORT: City Manager Gould stated he was honored and grateful for the recognition and additional compensation; however, the trust and confidence of the City Council was what he truly craved and appreciated. Speaking for the Management Team, Mr. Gould stated they hold in the highest admiration the manner in which the Mayor and Councilmembers comport themselves in working together, and with management and the community to govern for the civic renewal of San Rafael. Mr. Gould stated it was a privilege and pleasure to work for the Council and while he greatly appreciated the praise received as part of his performance evaluation, he reiterated that it was a combined effort of the management team, the employees of the City, its many volunteers, together with leadership at the top which makes it possible. He stated he was grateful to be part of it and appreciated the continued trust and confidence. SRCC Minutes (Regular) 07/02/2001 Page 10 SRCC Minutes (Regular 07/02/2001 Page 11 COUNCILMEMBER REPORTS: 16. a) Congestion Management Agency: - File 170 x 191 Mayor Boro stated the Congestion Management Agency had met over the past couple of weeks and continues to address the issue of a potential ballot measure next year for a comprehensive program to deal with the issue of traffic. He stated that some action was taken with respect to allocations of new state monies which will be available to the City of San Rafael for sorely needed infrastructure. Mayor Boro stated the CMA would continue to work very diligently to come up with a ballot measure for people to support. The O'Rorke Consulting firm in San Francisco was hired last week to deal with community outreach. The principal, Maureen O'Rorke, was charged to work with a sub -committee of Councilmembers to enable them to present to each City, over the next couple of months, a message which Mayor Boro believed would be of interest, and one to share with the community to begin to build the support, the understanding and the benefit of a comprehensive solution to traffic in this county. b) Marin County Fair: - File 104 Mayor Boro reported that he was returning to the Marin County Fair which would remain open until 11:00 p.m. this evening. The Fair continues for a further two days and he wished all a happy 4t" of July. There being no further business, Mayor Boro adjourned the City Council Meeting at 9:15 p.m. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 12001 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 07/02/2001 Page 11